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STATUTES AMENDMENT (SURROGACY) ACT 2009 (NO 64 OF 2009) - SECT 16

16—Insertion of Part 3 Division 6

After section 22 insert:

Division 6—Surrogacy orders

22A—Surrogacy orders

        (1)         On receipt of a notice under section 10HD of the Family Relationships Act 1975 in relation to the making or discharge of a surrogacy order about a child whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the child's birth and the child's name.

        (2)         Without limiting subsection (1), the Registrar must, in relation to the Register, make such entries and alterations as are necessary to give effect to the operation of section 10HB(13) or 10HC(10) (as the case requires) of the Family Relationships Act 1975 .

        (3)         Subject to subsection (4), a certificate issued by the Registrar after the registration of the particulars provided in a notice under section 10HD of the Family Relationships Act 1975

            (a)         must only disclose and certify up-to-date particulars contained in an entry; and

            (b)         must not provide any information disclosing a change in a parent or parents of the relevant child, or a change in the name of the child (including by disclosing the name of, or information about, any birth parent who is no longer considered as a parent of the child).

        (4)         A person—

            (a)         who is the subject of a surrogacy order and who has attained the age of 18 years; or

            (b)         who is a party to the surrogacy agreement that gave rise to a surrogacy order,

is entitled to a certificate certifying all relevant entries in the Register.

        (5)         On the receipt of a notice under section 10HD of the Family Relationships Act 1975 in relation to the making or discharge of a surrogacy order about a child whose birth is registered in another State, the Registrar must send a copy of the notice to the relevant registering authority.



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